Title 18-C, Title 18-C

1. Rights of custodian or user not changed or impaired. This Act does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user. 2. No new or expanded rights to fiduciary or designated recipient. This Act…

1. Disclosure at discretion of custodian. When disclosing digital assets of a user under this Act, the custodian may at its sole discretion: A. Grant a fiduciary or designated recipient full access to the user's account; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. Grant a fiduciary …

If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication if the representative gives the …

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than th…

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of electronic com…

Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of those el…

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintai…

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried or m…

1. Court order granting access. After an opportunity for a hearing under Article 5, Part 4, the court may grant a conservator access to the digital assets of a protected person. 2. Disclosure by custodian. Unless otherwise ordered by the court or directed by the user, a custodian…

1. Fiduciary's legal duties. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: A. The duty of care; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. The duty of loyalty; and [PL 2019, c. 417, Pt. A, §107 …

1. Disclose or terminate upon request; court order. Not later than 60 days after receipt of the information required under sections 10‑107 to 10‑115, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital assets or term…

In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This Act modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize ele…